THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.39851 of 2015

ORDER

Heard learned counsel for the petitioners and Sri.H.Rakesh Kumar, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4. With their consent, this writ petition is taken up for disposal.

2. This writ petition is filed seeking following prayer:

“to declare the action of the respondents in issuing Proceedings No.F/6606/2015 dated 22.09.2015 as arbitrary, illegal, without jurisdiction and violation of Article 14, 19 and 300-A of the Constitution of India and violative of Principles of Natural Justice consequently direct the respondent not to interfere with the possession of the petitioner in respect of Survey No.356 admeasuring Ac.-5-18 guntas of each of the petitioners No.1 to 4 and Ac.5-18 guntas of Petitioner No.5 and 6 of Pregnapur Village, Gazwel Mandal, Medak District.”

3. Brief facts in this writ petition are that the petitioners claims that their great grand father Sri.Narsaiah has succeeded land admeasuring Ac.30.00, in Sy.No.356, Pregnapur Village, Gazwel Mandal, Medak District. Thereafter, the petitioners’ father have succeeded his share and after his death, petitioners through partition got their share to an extent of land admeasuring Ac.5-18 gts each and thereafter, the petitioners were in peaceful possession of the subject property. Further case is that the respondent No.3 issued impugned notices bearing Proc.No.F/6606/2015 dated 22.09.2015, wherein it is stated that the respondent No.4 in the report dated 31.08.2015, informed that the Collector (S&LRs), Medak District at Sangareddy vide file bearing No.C3/995/1989 dated 13.12.1997, informed that the land in Sy.No.356, situated at Pregnapur village is Government land. Aggrieved by the same, this writ petition is filed.

squarely covered by the order passed by this Court in W.P.No.31767 of 2015 and W.P.No.33224 of 2015, wherein this Court had allowed the writ petitions by setting aside the proceedings No.F/6606/2015 dated 22.09.2015, relevant portion of the orders are extracted hereunder:-

Order dated 05.03.2020 passed in W.P.No.31767 of 2015:

“Both the counsel state that the lis in the writ petition is squarely covered by the judgment of Joint Collector, Ranga Reddy District v.

D.Narsing Rao ( (2015) 3 Supreme Court Cases 695).

In view of the above submissions, the impugned order is set aside.

Accordingly, the writ petition is allowed to the extent indicated above. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed.”

Order dated 18.03.2021 in W.P.No.33224 of 2015:

“Moreover, this Court, while dealing with similar issue in W.P. Nos. 24716 of 2003 and batch, wherein the Joint Collector had, after lapse of 48 years, exercised the suo motu powers under Section 9 of the A.P. Rights in Land and pattadar pass Books Act, 1971, set aside the impugned proceedings therein holding that the 1st respondent (Joint Collector) cannot initiate proceedings under Section 9 of the Act after long lapse of 48 years and unsettle the settle things, which became final. Further, by order, dated 05.03.2020 this Court has already allowed W.P.No.31767 of 2015, filed by certain individuals, which emanated from the very same order, which is impugned in the present writ petition. In that view of the matter and for the reasons recorded above, the impugned proceedings, as against the petitioners herein, are liable to be set aside.

impugned orders to the extent of the petitioners herein.

Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.”

orders as passed in W.P.No.31767 of 2015 dated 05.03.2020 and W.P.No.33224 of 2015 dated 18.03.2021.

6. Learned Assistant Government Pleader appearing for respondents did not dispute the same.

7. Recording the above submissions and in terms of the orders passed by this Court in W.P.No.31767 of 2015 dated 05.03.2020 and W.P.No.33224 of 2015 dated 18.03.2021, this writ petition is allowed by settin